Business Daily (Nairobi)
2 July 2009
editorial
The Communications Commission of Kenya (CCK) announced recently that it was pushing forward its tough stance on broadcasting squatters, saying it hoped to regain over 150 licences and auction them in order to improve vibrancy in the sector.
On Wednesday, it appeared that the CCK was softening its hard-line stance as it announced that it was now looking at a list of just 35 licence holders to whom it was giving an extra week to explain why they were not utilizing their frequencies adequately.
While the decision to revoke idle broadcasting licences is noble in intent, the industry regulator needs to become tougher in its stance on squatters who appear to be sitting on frequencies merely for their own selfish economic gain.
Wednesday's drastic reduction in the number of idle licences demands further explanation by the regulator, especially in light of past trends which have seen some unscrupulous broadcasters activate their frequencies during CCK inspections like the one currently going on.
The country's airwaves are a scarce, and therefore valuable resource which need to be developed by development minded individuals or companies - and there can be no doubt that investor interest is at record highs in the broadcasting arena.
At last count, over 3,000 applications had been received by the regulator.
Many planned initiatives have stalled because the applicants have applied for frequencies which are already in use, some of which are idle.
It is also disconcerting that a large fraction of the inactive frequencies are in the hands of politicians who are selling them at an average of Sh79 million.
Other than lending these frequencies to real investors at a premium and adding to the cost of investment in the sector, these rogue airwave pirates have in the past used their frequencies to broadcast divisive viewpoints, which have had the net effect of creating a more ethnically divided country.
It is important that the regulator cleans up its house of these elements before the January implementation of new licence rules for both existing and new investors in the sector.
Under the regulations, licence holders will be expected to adhere to specific terms and conditions which will dictate where and how they should broadcast.
To avoid a situation where valid investors are unable to meet their obligations under these proposed new terms, the CCK and the Ministry of Information will need to ensure that the country's airwaves are free from unscrupulous activity of the kind seen in the past.
The only way to achieve this will be to remain resolute on re-patriating our airwaves and retaining a hard-line stance on non-performers.
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